Rules for passing on right to be updated in manual

Q: I don't know what the Pennsylvania Driver's Manual says about passing to the right of left-turning cars at intersections, but the vehicle code, which is the law, says you can do it. Not only that, but it says the cars turning should stay to the left when possible to allow others room to pass.

Bill Feigley, Quakertown

A: The Warrior blew the lid clean off a can of squiggling worms May 21 in broaching the topic of passing on the right at intersections.

That column recommended that left-turners at the intersections of two-lane roads stay as far to the left as possible as a courtesy to motorists behind who may be going straight. That gives those folks room to pass to the right without having to wait for opposing through traffic to clear.

Within minutes of the column's publication (or so it seemed), a half-dozen e-mails streamed in, contending that passing on the right at an intersection is illegal.

The Warrior dutifully turned to the portion of the driver's manual cited by readers. And sure enough, under a section titled "You May Not Pass in the Following Conditions," the first condition is, "When you are within 100 feet of, or are crossing, any intersection unless an official traffic-control device says you may [pass]."

Joan Z. Nissley, spokeswoman for the state Department of Transportation, confirmed that the move is prohibited, as specified in the manual. So on May 28, the Warrior conceded defeat and noted that the pass is illegal, and "formally" advised readers not to do it. However, he added that he considers the maneuver to be safe, courteous and conducive to efficient traffic flow when done properly, and that he would continue to use it.

Within minutes of the May 28 column hitting the streets (or so it seemed), a stunned Warrior gazed at another half-dozen e-mails insisting that passing on the right at an intersection is perfectly legal.

And a voice mail to that effect was received from PennDOT's Allentown area spokesman Ronald J. Young Jr.

He and several readers pointed out that Section 3304 of the vehicle code permits passing on the right "when the vehicle overtaken is about to make a left turn," as long as you don't drive off the road or shoulder in doing so. And, of course, the move must be made safely.

Bill was the only person to cite another section of the law, which specifies that staying to the left while waiting to make a left turn is recommended, or possibly even mandated.

Under Section 3331, "Required position and method of turning," the law states, "(b) Left turn -- The driver of a vehicle intending to turn left shall approach the turn in the extreme left-hand lane lawfully available to traffic moving in the direction of travel of the vehicle. Whenever practicable, the left turn shall be made to the left of the center of the intersection, and so as to leave the intersection or location in the extreme left-hand lane lawfully available to traffic moving in the same direction as the vehicle on the roadway being entered."

This convinced the Warrior that the law instructs motorists to stay as far left as possible to allow traffic to pass on the right. And keep in mind that the section title describes this as a "required" position, though the text backs off a bit by including the "whenever practicable" language.

Even the driver's manual contradicts itself on the matter of passing at an intersection. Just a few paragraphs before the "You May not Pass " section cited above lies this reference: "When passing, be extra careful in areas where vehicles or pedestrians might enter or cross the road. These places include crossroads "

So the manual says you may not pass at an intersection unless a sign says you can, and simultaneously says when you pass at an intersection, be mindful of pedestrians. And Nissley agreed that few, if any intersections are posted with "pass with care" signs. She could think of no specific examples.

In discussing the problem with the Warrior, Nissley reacted the only way any good American in this day and age could, concluding that we'd have to consult an attorney.

As it turns out, the manual is in error, and the language will be changed, PennDOT Assistant Chief Counsel Harold H. Cramer said.

Cramer concluded that the prohibition on passing at an intersection is derived chiefly from vehicle code Section 3306, which is meant to apply only to passing on the left. And indeed, 3306 indicates that it specifically does not apply to corresponding sections that deal with passing on the right, as well as to 3331, which advises left-turners to stay to the left.

Cramer and Nissley said the driver's manual will be changed, probably within the next six months to meet with the normal schedule of updates. If current plans hold, the heading in the section on passing will be amended to read, "You May Not Pass To the Left in the Following Conditions."

As far as the Warrior is concerned, that will resolve all the difficulties inherent in the existing language. And it will immediately make law-abiding citizens out of the tens of thousands of scofflaws who carefully pass on the right at intersections every day.

And by the way, who says state officials won't listen to reason?

Road Warrior appears Fridays. E-mail questions about transportation in the Lehigh Valley and beyond to hartzell@mcall.com (please include your name, phone number and where you live). Or, write to Road Warrior, The Morning Call, 101 N. Sixth St., Allentown, 18101-1480.